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Updated over 5 years ago on . Most recent reply

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Brian Kaldenberg
  • Iowa City, IA
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Lost Eviction Hearing Now Worried About Holdover At Lease End

Brian Kaldenberg
  • Iowa City, IA
Posted

I lost an eviction hearing yesterday in the ultra liberal Johnson county, Iowa. I followed all the steps by posting the 3-day notice on the tenant's door and sending it certified mail. I followed all the steps by waiting the proper time to file for a FED case. I had the tenant served the FED hearing notice, I sent the FED hearing notice via certified mail (and regular mail), and I posted the FED hearing notice on the tenant's door. The judge threw the entire case out because I did not send the original 3-day notice via regular mail... I sent it certified and I posted it on their door, but that wasn't enough. It should have also been sent regular mail. It's absolutely ridiculous.

At any rate, this tenant's lease ends on July 29. I sent them notice their lease ends July 29 via regular mail in June. I'm concerned they might stay past July 29, and I have a new tenant moving in on August 1.


What happens if they don't move out when their lease ends?

Is there a faster process to get them out if they holdover or would I have to start an entirely new eviction process?

What is the new tenant supposed to do if they don't have a place to move into?

Has anyone else had a situation like this where a holdover prevented a new tenant from moving in? What did you do?

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